CONTRACT #1-06-41-03, Air Filters, HVAC:
Terms and Conditions
SCOPE:
This contract covers the mandatory biennial (two-year) requirement with two optional one year extensionfor State of California and participating local agencies (political subdivisions) for FILTERS, AIR, HVAC, conforming to the attached State of California specification number 4130-05BS-001 dated October 5, 2005.
A local agency is any city, county, city and county, district or other local governmental body or corporationempowered to expend public funds (Public Contract Code #10298).
Extraordinary Extension Option:
In the event of an extraordinary circumstance the State may extend the contract for up to an additional year beyond the stated term and any noted extensions. Extensions during this period may occur in increments until the establishment of a new contract (not to exceed one-year). Exercise of this may occur in the event that a replacement contract cannot be established due to the protest of intent to award, or loss of key procurement staff, or extraordinary circumstance that would otherwise cause an unanticipated disruption in the contracting process.
If necessary, prices may be increased during an extraordinary extension option period, to the extent that the price is determined to be "fair and reasonable." Requests for price increase(s) shall include substantiated information to support the proposed increase (e.g., manufacturer's price list, significant changes in published market indicators for the industry, certified raw material cost data, and any other substantiating information as requested by State). In no event will price increases be accepted with retroactive effective dates.
Supplier must accept orders by Facsimile or E-mail transmission:
Facsimile Number: (951) 272-0123 E-Mail Address: sdarger@airguard.com Vendor Contact Name: Richard Peckham/Sandy Darger Vendor Contact Telephone Number: (951) 272-1850 Price:
MATERIAL COSTS:
All prices quoted for material costs shall be fixed as the maximum costs for the
contract period and no price increase shall be permitted.
FUEL COSTS:
2. Upon receipt of such notice the State reserves the right to either:
a. Accept the escalation as competitive with the general market price at the time, effective 30 days from receipt of an acceptable notice; or
b. Negotiate a proposed price escalation;
c. Cancel any un-purchased balance of the contract without prejudice, effective on receipt of such notice.
No price increase shall apply to quantities ordered from the contract prior to the effective date of the price increase.
TERMINATION FOR CONVENIENCE:
The State may terminate this agreement for convenience upon thirty (30) days written notice. Upon termination or other expiration of this contract, each party will assist the other party in an orderly termination of the contract, as may facilitate the orderly, non-disrupted business continuation of each party.
METHOD OF AWARD:
The Invitation for Bid shall be awarded "All or None" by individual group or "All or None" by total of all groups, whichever is deemed to be in the State's best interest. For a group to be considered for award, all items in the group must be bid.
DELIVERY:
Delivery is to be completed in full within 15 calendar days of the receipt of order by the contractor.
CONTRACTOR IS REQUESTED TO MAKE DELIVERIES IN LOS ANGELES COUNTY, ORANGE COUTNTY, SAN BERNANDINO METROPOLITAN AREA, AND SAN DIEGO METROPOLITAN AREA DURING OFF-PEAK HOURS. OFF-PEAK HOURS ARE 10:00 A.M. TO 4:00 P.M.
MINIMUM ORDER:
The minimum order for deliveries to be F.O.B. destination is $100. For orders less than $100, they shall be delivered F.O.B. destination with freight prepaid and added. The minimum order does apply as noted under "Air Filter Catalog" purchases (page 25).
QUANTITY ESTIMATES:
Quantities shown for each line item are estimates and are for evaluation purposes only. Actual purchases may vary from this pattern. The State will not be obligated to purchase contractor's excess inventory of any line item if actual purchases vary from the anticipated purchase pattern.
State Agency Ordering Procedures:
Issue state agency orders to the contract supplier. State agencies will be sending a Contract/Delegation Purchase Order (STD. 65). The DGS's fee for state agency use is available in the Price Book, located on the Department of General Services, website at www.ofs.dgs.ca.gov/Price+Book/P/Purchasing.htm.
Local Agency Ordering Procedures:
Issue local agency orders directly to the contract supplier. (Blanket orders are no longer issued by the Procurement Division for local agency use.) The DGS's fee for local agency use is the available in the Price Book, located on the Department of General Services, website at www.ofs.dgs.ca.gov/Price+Book/P/Purchasing.htm
For billing send a copy of your purchase order to:
DGS-Procurement Division
Attn: Data Entry Unit
PO Box 989052
West Sacramento, CA 95798-9052
PACKAGING:
Exterior packaging is to show the contents and the purchase order number. All the packaging is to conform to the applicable freight classifications, Surface Transportation Board and/or postal regulations, and is to be of a quality to assure final delivery without damage to the contents.
INVOICING REQUIREMENTS:
The contractor is to render invoices as instructed on individual orders. Invoices shall include the order number, the contract number, the commodity code number, quantity, unit price, and extensions. State sales and/or use tax is to be added to each invoice.
USAGE REPORTS:
The contractor is required to submit a detailed usage report and hard copies of each purchase order placed against the contract for the respective quarter . Usage Reports are required to be submitted every three months commencing from the date of the contract award. This report is to include the total quantities per item, item description per contract item number, and a grand total for the period. Failure to submit completed usage reports in a timely manner may be considered a breach of contract and subject the Contractor to General Provision 26, Rights and Remedies of the State for Default.
Send the Contract Usage Report with purchase orders to the following address:
Department of General Services
Procurement Division
Attn: Sherry Jacobs
P.O. Box 989054
707 3rd Street
West Sacramento, CA 95798-9054
CONTRACTOR LOCATION:
Please list below the location to which individual orders should be sent: Company Name: Clarcor Air Filtration Products Street Address: 1295 E. Ontario Avenue #102City, State, and Zip: Corona, Ca. 91719 Person to contact: Richard Peckham/Sandy Darger/Pat Hopkins Phone No.: (951)-272-1850 Fax No.: (951) 272-0123
EMERGENCY PURCHASES:
In the event of an emergency, the State may purchase any required line item from other than the contractor.
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